Updated on April 10, 2026

Partition Lawsuit in Burbank: Mother and Son Property Dispute

This was a case we handled in Burbank involving a mother and her adult son who purchased a home together. At some point, the son moved out. After that, they could not agree on what to do with the property. One wanted to sell. The other wanted to hold onto it longer.  There was a falling out between the two and the son who had moved out was concerned about what the mother was doing with the property, the condition of the property and how to get his equity out of the property without having the continuing worry about what his mother would do with the property.  He turned to Schorr Law to get him leverage again and to put some parameters on her occupation and ultimately  force a sale.

That disagreement le into a partition lawsuit.


What the Dispute Came Down To

Both parties were on title, each with equal ownership. The issue was not who owned the property. The issue was what to do with it.

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The main points of conflict were:

  • Whether the property should be sold
  • When the sale should happen
  • Whether one party could delay the process

One side wanted access to their equity. The other was not ready to move forward.


Why We Filed the Case

We tried to resolve it without going to court, but that was not possible. At that point, filing a partition action was the only way to break the deadlock. It allowed us to move the situation forward and avoid an indefinite standstill.

In cases like this, one co-owner cannot force the other to wait forever.


How These Cases Work

In most residential partition cases, especially in Los Angeles County, the outcome is a sale.

The court can:

  • Order the property to be sold
  • Oversee the process through a referee
  • Handle disputes over offers or terms
  • Make adjustments based on contributions or expenses

It is a structured process designed to resolve exactly this type of situation.


Timing Disputes Are Common

We see this often.One person wants to sell. The other wants to wait. Sometimes it is about the market. Sometimes it is financial. Sometimes it is personal. But without an agreement in place, neither party can control the situation on their own.

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At some point, the case has to move forward.


Final Takeaway

Family situations like this are never simple, but the law treats them the same as any other co-ownership dispute. If both people are on title and cannot agree, partition is usually the only way to resolve it.


Dealing With a Similar Situation in Burbank or Los Angeles County?

If you co-own property with a family member and cannot agree on what to do next, you do not have to stay stuck. There is a clear legal path to resolve it, but it needs to be handled the right way.

Schorr Law handles partition actions and co-ownership disputes throughout Los Angeles County.

About the Author

Zachary Schorr -

Zachary D. Schorr is a California real estate litigation attorney and the founding attorney of Schorr Law. He represents clients in specific performance actions, partition lawsuits, quiet title disputes, and complex real estate litigation throughout Southern California.

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